Sen. Sampson Affirms Public’s Right to Private Firearm Transfers

Will continue ongoing dialogue with CT DESPP to find solutions to conflicts between

federal and state law, address pistol permit backlog

State Sen. Rob Sampson (R-Wolcott), member of the Judiciary Committee, issued a statement in strong support of the public’s right to privately transfer firearms in response to the Department of Emergency Services and Public Protection’s (DESPP) September announcement that such transfers will now be prohibited.

In the brief announcement, DESPP asserted that every private citizen’s sale to another private citizen must be facilitated through a Federal Firearms License (FFL) to satisfy federal regulations.

In response, Sen. Sampson requested then-DESPP Commissioner James Rovella for his interpretation of the relevant state and federal laws regarding this abrupt decision, which conflicts with Connecticut law that explicitly allows private transfers without an FFL. In response, DESPP maintained the position that FFLs are necessary because transfers require a query of the F.B.I.’s National Instant Criminal Background Check System (NICS), which the agency does not permit access outside of a third-party FFL, with very limited exceptions.

Sen. Sampson continued his inquiry in a subsequent letter that read, in part, “The way I look at this is that you have a conflict between a state law and a federal regulation which has apparently not been applied for multiple years. We are also talking about the constitutionally protected natural rights of the citizens I represent and whom you work for—and pay us both. To make someone’s second amendment freedoms subject to the use of a third-party gun dealer strikes me as patently unconstitutional, particularly in Connecticut where State Constitution Article 1 Section 15.1 Every citizen has a right to bear arms in defense of himself and the state.”

DESPP’s subsequent response did not provide further indication that the agency would revisit its position on the matter.

Sen. Sampson said, “I’m concerned about several policies at DESPP. This new process for transferring what it deems as ‘assault’ firearms through a third party is unconstitutional and presents further concerns on how the data of legal gun owners is protected. While the agency is months behind in processing pistol permits, generating numerous constituent inquiries and legitimate concern, it is instead dedicating staff time and resources to track and record firearm ownership and registrations for the state’s gun owners using records that were not intended for that purpose.

“After the terrible Sandy Hook tragedy in 2012, Connecticut Democrats argued adamantly for what they refer to as ‘universal background checks.’ Now, they are punishing law-abiding gun owners by creating another undue hurdle to exercise their Second Amendment right. This is a clear infringement of constitutionally protected freedoms. It is also a selective application of federal law over state law. It is funny that state Democrat party leaders thumb their nose at federal laws when it comes to illegal immigration and marijuana sales, but when it comes to restricting gun rights, they are completely on board.

“I have been trying to advocate for an appropriate solution with DESPP since September and will continue my efforts.”